http://www.msnbc.msn.com/id/23367934/
updated 8:26 a.m. CT, Wed., Feb. 27, 2008
ANCHORAGE, Alaska - A tiny Alaska village eroding into the Arctic Ocean sued two dozen oil, power and coal companies, claiming that the large amounts of greenhouse gases they emit contribute to global warming that threatens the community's existence.
The city of Kivalina and a federally recognized tribe, the Alaska Native village of Kivalina, sued Exxon Mobil Corp. and BP PLC, seven other oil companies, 14 power companies and one coal company in a lawsuit filed Tuesday in federal court in San Francisco.
Kivalina is a traditional Inupiat Eskimo village of about 390 people about 625 miles northwest of Anchorage. It is built on an 8-mile barrier reef between the Chukchi Sea and Kivalina River.
Story continues below ↓advertisement
Sea ice traditionally protected the community, whose economy is based in part on salmon fishing plus subsistence hunting of whale, seal, walrus, and caribou. But sea ice that forms later and melts sooner because of higher temperatures has left the community unprotected from fall and winter storm waves and surges that lash coastal communities.
"We are seeing accelerated erosion because of the loss of sea ice," City Administrator Janet Mitchell said in a statement. "We normally have ice starting in October, but now we have open water even into December so our island is not protected from the storms."
Relocation costs have been estimated at $400 million or more.
A spokesman for Exxon Mobil, Gantt Walton, said the company was reviewing the lawsuit and had no immediate comment on it.
Steve Rinehart, a spokesman for BP in Alaska, said he had not seen the lawsuit and had no comment.
Documented damage?
The lawsuit was filed on behalf of Kivalina by two nonprofit legal organizations ? The Center on Race, Poverty & the Environment and the Native American Rights Fund ? plus six law firms.
Reached by phone in Boston, attorney Matt Pawa said other lawsuits have been filed seeking damages from global warming, but this is the first one that has a "discretely identifiable victim."
Damage to Kivalina from global warming has been documented in official government reports by the Army Corps of Engineers and the General Accounting Office, Pawa said.
The lawsuit invokes the federal common law of public nuisance, and every entity that contributes to the pollution problem harming Kivalina is liable, Pawa said. "You can sue them one at a time or some subset of them," he said.
The lawsuit also accuses some of the defendants of a conspiracy to mislead the public regarding the causes and consequences of global warming. The suit was filed in California because that's where many of the defendants are located or do business, Pawa said.
Without commenting on the lawsuit, Exxon Mobil's Walton said the company takes the issue of climate change seriously.
"Exxon Mobil is taking action by reducing greenhouse gas emissions in our operations, supporting research into technology breakthroughs and participating in constructive dialogues on policy options with NGOs, industry and policy makers," he said.
The other oil companies named were BP PLC, BP American Inc., BP Products North America Inc., Chevron Corp., Chevron USA Inc., ConocoPhillips, Royal Dutch Shell PLC and Shell Oil Co.
Also named were Peabody Energy Corp., a major coal producer, and power companies AES Corp., American Electric Power Co., American Electric Power Services Corp., DTE Energy Co., Duke Energy Corp., Dynegy Holdings Inc., Edison International, MidAmerican Energy Holdings Co., Mirant Corp., NRG Energy Inc., Pinnacle West Capital Corp., Reliant Energy Inc., The Southern Co. and Xcel Energy Inc.
